This case was last updated
from Los Angeles County Superior Courts
on 09/11/2021 at 09:23:45 (UTC).
WELLS FARGO CLEARING SERVICES LLC VS MICHAEL A. MARTINEZ
Case Summary
On 05/18/2021 WELLS FARGO CLEARING SERVICES LLC filed an Other - Arbitration lawsuit against MICHAEL A MARTINEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is THERESA M. TRABER. The case status is Not Classified By Court.
5/18/2021: Notice of Case Assignment - Unlimited Civil Case
Proof of Personal Service
5/28/2021: Proof of Personal Service
Notice - NOTICE AMENDED NOTICE OF HEARING ON PETITION TO CONFIRM ARBITRATION AWARD AND CASE MANAGEMENT CONFERENCE TAKEN OFF CALENDAR
8/9/2021: Notice - NOTICE AMENDED NOTICE OF HEARING ON PETITION TO CONFIRM ARBITRATION AWARD AND CASE MANAGEMENT CONFERENCE TAKEN OFF CALENDAR
Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO CONFIRM ARBITRATION AWARD) OF 09/08/2021, RULING
9/8/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO CONFIRM ARBITRATION AWARD) OF 09/08/2021, RULING
Notice of Ruling
9/8/2021: Notice of Ruling
Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONFIRM ARBITRATION AWARD)
9/8/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONFIRM ARBITRATION AWARD)
Order - RULING-PETITION TO CONFIRM ARBITRATION AWARD
9/8/2021: Order - RULING-PETITION TO CONFIRM ARBITRATION AWARD
Docket Entries
09/08/2021
Docketat 10:00 AM in Department 47, Theresa M. Traber, Presiding; Hearing on Motion to Confirm Arbitration Award - Held - Motion Granted
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09/08/2021
DocketRuling-Petition to Confirm Arbitration Award; Filed by Clerk
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09/08/2021
DocketCertificate of Mailing for ((Hearing on Motion to Confirm Arbitration Award) of 09/08/2021, Ruling); Filed by Clerk
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09/08/2021
DocketNotice of Ruling; Filed by Wells Fargo Clearing Services LLC (Petitioner)
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09/08/2021
DocketMinute Order ( (Hearing on Motion to Confirm Arbitration Award)); Filed by Clerk
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08/20/2021
Docketat 08:30 AM in Department 47, Theresa M. Traber, Presiding; Case Management Conference - Not Held - Advanced and Vacated
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08/13/2021
Docketat 10:00 AM in Department 47, Theresa M. Traber, Presiding; Hearing on Motion to Confirm Arbitration Award - Not Held - Rescheduled by Party
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08/09/2021
DocketNotice (AMENDED NOTICE OF HEARING ON PETITION TO CONFIRM ARBITRATION AWARD AND CASE MANAGEMENT CONFERENCE TAKEN OFF CALENDAR); Filed by Wells Fargo Clearing Services LLC (Petitioner)
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05/28/2021
DocketProof of Personal Service; Filed by Wells Fargo Clearing Services LLC (Petitioner)
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05/18/2021
DocketCivil Case Cover Sheet; Filed by Wells Fargo Clearing Services LLC (Petitioner)
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05/18/2021
DocketPetition to Confirm Arbitration Award; Filed by Wells Fargo Clearing Services LLC (Petitioner)
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05/18/2021
DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk
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Tentative Rulings
Case Number: *******1604 Hearing Date: September 7, 2021 Dept: 47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE:September 8, 2021TRIAL: Not set.
CASE: Wells Fargo Clearing Services, LLC v. Michael A. Martinez
RESPONDING PARTY(S): No opposition on eCourt as of September 7, 2021.
PROOF OF SERVICE:
•Correct Address: Yes.
•16/21 (CCP ; 1005(b)): OK. Served personally on May 19, 2021. Served with notice of this hearing date by mail on August 9, 2021.
CASE HISTORY:
•05/18/21: Petition To Confirm Arbitration Award filed.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
The underlying dispute involved Respondent’s failure to repay a promissory note issued by Petitioner after an “event of default” (the termination of Respondent’s employment with Petitioner). Petitioner was awarded $73,824.15 plus interest in arbitration, and Respondent has not paid any of that amount.
Petitioner moves for confirmation of the arbitration award.
TENTATIVE RULING
Petitioners Wells Fargo Clearing Services, LLC’s petition to confirm arbitration award is GRANTED.
Petition To Confirm Arbitration Award
Petitioner moves for confirmation of arbitration award.
Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. (CCP ; 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (CCP ; 1286, bold emphasis added.) A petition to confirm a binding arbitration shall name as respondents all parties to the arbitration and may name any other parties to be bound by the award. (CCP ; 1285.) The petition shall (1) set forth the substance of or have attached a copy of the agreement to arbitrate unless petitioner denies the existence of such an agreement; (2) set forth the name(s) of the arbitrator(s); and (3) set forth or have attached a copy of the award and written opinion of the arbitrator. (CCP ; 1285.4(a)-(c).)
The petition to confirm must be served and filed no later than four years after the date of service of a signed copy of the award on the petitioner (CCP ; 1288) but may not be served and filed until at least 10 days after service of the signed copy of the award upon the petitioner. (CCP ; 1288.4.)
Here, all parties to the arbitration are named in this petition. A copy of the agreement to arbitrate is attached as part of the promissory note attached as Exhibit 1 to the Declaration of Carolyn Lamar. The name of the arbitrator, Mark T. Risner, is set forth at ¶ 8 of the Petition.
A copy of the stipulated arbitration award is attached as Exhibit 2 and was served on January 22, 2021. The petition to confirm was filed on May 18, 2021, and personally served on Respondent on May 19, 2021 – both within four years from the date the award was served. Accordingly, the Petition to Confirm was filed and served in accordance with the time limits set forth in CCP ; 1288 and ; 1288.4. Petitioner has met the requirements for mandatory confirmation of the arbitration award.
Respondent has not filed an opposition or a petition to correct or vacate the arbitration award.
Accordingly, the petition to confirm the arbitration award is GRANTED.
Moving Party to give notice, unless waived.
IT IS SO ORDERED.
Dated: September 8, 2021___________________________________
Theresa M. Traber
Judge of the Superior Court
Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.
Case Number: *******1604 Hearing Date: September 8, 2021 Dept: 47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE:September 8, 2021TRIAL: Not set.
CASE: Wells Fargo Clearing Services, LLC v. Michael A. Martinez
RESPONDING PARTY(S): No opposition on eCourt as of September 7, 2021.
PROOF OF SERVICE:
•Correct Address: Yes.
•16/21 (CCP ; 1005(b)): OK. Served personally on May 19, 2021. Served with notice of this hearing date by mail on August 9, 2021.
CASE HISTORY:
•05/18/21: Petition To Confirm Arbitration Award filed.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
The underlying dispute involved Respondent’s failure to repay a promissory note issued by Petitioner after an “event of default” (the termination of Respondent’s employment with Petitioner). Petitioner was awarded $73,824.15 plus interest in arbitration, and Respondent has not paid any of that amount.
Petitioner moves for confirmation of the arbitration award.
TENTATIVE RULING
Petitioners Wells Fargo Clearing Services, LLC’s petition to confirm arbitration award is GRANTED.
Petition To Confirm Arbitration Award
Petitioner moves for confirmation of arbitration award.
Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. (CCP ; 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (CCP ; 1286, bold emphasis added.) A petition to confirm a binding arbitration shall name as respondents all parties to the arbitration and may name any other parties to be bound by the award. (CCP ; 1285.) The petition shall (1) set forth the substance of or have attached a copy of the agreement to arbitrate unless petitioner denies the existence of such an agreement; (2) set forth the name(s) of the arbitrator(s); and (3) set forth or have attached a copy of the award and written opinion of the arbitrator. (CCP ; 1285.4(a)-(c).)
The petition to confirm must be served and filed no later than four years after the date of service of a signed copy of the award on the petitioner (CCP ; 1288) but may not be served and filed until at least 10 days after service of the signed copy of the award upon the petitioner. (CCP ; 1288.4.)
Here, all parties to the arbitration are named in this petition. A copy of the agreement to arbitrate is attached as part of the promissory note attached as Exhibit 1 to the Declaration of Carolyn Lamar. The name of the arbitrator, Mark T. Risner, is set forth at ¶ 8 of the Petition.
A copy of the stipulated arbitration award is attached as Exhibit 2 and was served on January 22, 2021. The petition to confirm was filed on May 18, 2021, and personally served on Respondent on May 19, 2021 – both within four years from the date the award was served. Accordingly, the Petition to Confirm was filed and served in accordance with the time limits set forth in CCP ; 1288 and ; 1288.4. Petitioner has met the requirements for mandatory confirmation of the arbitration award.
Respondent has not filed an opposition or a petition to correct or vacate the arbitration award.
Accordingly, the petition to confirm the arbitration award is GRANTED.
Moving Party to give notice, unless waived.
IT IS SO ORDERED.
Dated: September 8, 2021___________________________________
Theresa M. Traber
Judge of the Superior Court
Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.
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